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Can I claim for ovarian cancer misdiagnosis?
Ovarian cancer is one of the most life threatening gynaecological cancers in the UK, with over 7,500 new cases diagnosed every year. That’s around 20 new diagnoses each day.
Often referred to as a ‘silent killer’ due to its subtle symptoms, ovarian cancer primarily affects women over 50, though it can occur at any age. Early detection significantly improves outcomes, with around 95% of patients surviving Stage 1 cases for at least five years. However, this relies on timely and accurate diagnosis.
If your condition worsens due to a delayed or incorrect diagnosis, you could be eligible to make a claim for an ovarian cancer misdiagnosis. Medical professionals have a legal duty of care to ensure timely and accurate diagnoses, and failure to do so can entitle you to seek compensation – either for yourself or on behalf of a loved one.
If you think you have a claim or if you’d like to learn more about ovarian cancer claims, our team of cancer misdiagnosis specialists can help. With our free, no-obligation consultation, we’ll help you understand your case and explain the process we follow, so you can make confident decisions about your next steps.
Making a claim provides financial support and a sense of justice, helping you move forward after an ovarian cancer misdiagnosis. Through our No Win No Fee service, you can pursue your claim without upfront costs and you won’t pay any legal fees if your case is unsuccessful.
What does ovarian cancer misdiagnosis look like?
If your ovarian cancer symptoms were missed or you were wrongly diagnosed with another condition, you could have encountered medical negligence. Delayed diagnosis can severely impact the progression of the cancer and the success of your treatment.
In these cases, you may be entitled to claim compensation for avoidable harm:
- Overlooked symptoms – when early symptoms, such as bloating, pelvic pain or changes in appetite, were misdiagnosed and gave the cancer time to progress.
- Insufficient testing – resulting in missing abnormalities on ultrasounds or CT scans, or errors in analysing biopsy samples.
- Administrative errors – lost, misinterpreted or mixed-up test results that cause delays or inappropriate treatments.
- Delayed referrals – when specialist consultations or tests for ovarian cancer were not conducted or recommended in time.
All these examples of ovarian cancer misdiagnosis can have a profound impact on your health and well-being. If you have experienced these errors, our solicitors can investigate the possibility of claiming fair compensation.
Types of ovarian cancer claims
There are several main types of ovarian cancer, each with unique challenges:
- Epithelial ovarian cancer: This is the most common type, accounting for about 90% of cases. It arises from the cells covering the ovary surface and is further categorised into:
- Serous carcinoma: The most common subtype, often high-grade and aggressive.
- Endometrioid carcinoma: Associated with endometriosis and typically lower grade.
- Mucinous carcinoma: Rare, starting in mucus-producing cells.
- Germ cell ovarian cancer: Another rare type that originates in egg-producing ovarian cells. It mostly affects younger women and includes subtypes like dysgerminoma.
- Sex cord stromal tumours: Another rare form, arising from connective tissue cells. Examples include granulosa cell tumours and Sertoli-Leydig cell tumours.
Rare types include small cell carcinoma of the ovary (SCCO) and metastatic cancers of the ovary. Other cases involve secondary ovarian cancer, where cancer from another part of the body spreads to the ovaries.
While the symptoms, diagnostic approaches and treatments vary across these types, misdiagnosis can occur at any stage. Whether you’ve experienced a delayed or incorrect diagnosis of epithelial, germ cell or another cancer, our expert solicitors can guide you through seeking compensation for ovarian cancer misdiagnosis.
Why make an ovarian cancer misdiagnosis claim?
Dealing with ovarian cancer can be challenging enough for you and your loved ones, especially if misdiagnosis complicated your treatment. Medical negligence can jeopardise your long-term health, put strain on your personal relationships and affect your ability to work.
While compensation cannot undo ovarian cancer negligence, it can help improve your circumstances by:
- Covering the costs of essential care from high-quality private providers
- Alleviating financial concerns related to time off work for treatment and recovery
- Validating your mistreatment and helping to foster a sense of closure
- Raising awareness to help safeguard others against ovarian cancer misdiagnosis
Determining whether you have a valid claim can be daunting and we understand that you might be worried about the emotional burden of pursuing legal action. With Been Let Down, you can rest assured that our expertise and guidance allow you to focus solely on your health and recovery.
Our experience in ovarian cancer misdiagnosis claims
Carla Duprey, Medical Negligence Expert, says:
“At Been Let Down, we know that every ovarian cancer case is unique, requiring an in-depth review of your medical records. When you choose our team, you can rest assured that there’s no better expert testimony to highlight where healthcare providers might have fallen short. Our team of experienced solicitors will work tirelessly to achieve the best outcome – all while supporting you and your family at every step of the way.”
FAQs: Making an ovarian cancer misdiagnosis claim
The process begins with a free phone call to determine if you have a valid ovarian cancer claim. If we confirm your case and you wish to proceed, the following steps apply:
- Your solicitor will request your medical records, focusing on the misdiagnosis and its impact on your treatment.
- Using this information and your testimony, your solicitor will prepare a written statement for your case. Once you’ve signed and approved it, the statement will be sent to independent medical experts for evaluation.
- Your solicitor will send a letter of claim to the healthcare professional or organisation responsible for the misdiagnosis. This letter outlines what occurred and how it caused you unnecessary harm. The defendant must respond within four months.
If liability is admitted, your solicitor will negotiate your financial compensation directly and privately. If disputed, we will continue to pursue your claim and, if necessary, escalate it to court for a legal resolution.
Time limits apply to ovarian cancer misdiagnosis cases. You have three years to make a claim, starting from the date of the negligence or when you knew, or ought to have known, about the alleged negligence.
There are some exceptions, including:
- Children: If the misdiagnosis occurred before the child’s 18th birthday, and no claim was made on their behalf before then, the three-year time window starts.
- Those lacking mental capacity: There is no time limit.
We always encourage our clients to start their claims as soon as possible. This streamlines the process of collecting evidence and may also provide faster access to compensation.
For ovarian cancer misdiagnosis cases with a reasonable prospect of success, we typically work on a No Win No Fee basis (or Conditional Fee Agreement).
That means no upfront costs because you only pay legal fees if your claim is successful. If we win your case, we will look to recover our costs from the other side although and only make certain deductions (such as a success fee capped at 25%) from your compensation. Claims are also fully insured. Funding options will be fully explained to you.
For more details, explore our guide to No Win No Fee negligence claims.
Compensation for ovarian cancer misdiagnosis varies case by case. Our team will evaluate your circumstances to negotiate a fair settlement based on factors such as:
- The impact on your health and quality of life.
- Financial losses, including lost earnings, care and assistance and / or out-of-pocket expenses.
- The severity of your condition and prognosis.
- The cost of ongoing or future treatment and care.
We adhere to the latest edition of the Judicial College Guidelines to pay out compensation at or above nationally approved rates.
Yes, you can claim from both private providers and the NHS. It’s worth bearing in mind that NHS medical negligence claims follow a distinct process and our solicitors are experienced in handling these cases.
Claiming against the NHS does not detract from funds allocated for healthcare services. This compensation comes from a separate budget managed by NHS Resolution, a regulatory body that oversees claims involving the health service.
Yes, you can claim ovarian cancer compensation on behalf of another person if they:
- Are under 18 years old.
- Lack the mental or physical capacity to claim for themselves.
- Have sadly passed away.
As a litigation friend, you act in the claimant’s best interest, which may involve attending court if necessary. If you’re unsure about the process, our expert advisors can help you when you get in touch.
Why Been Let Down for ovarian cancer claims?
If you believe you’ve been let down by an ovarian cancer misdiagnosis, we’re here to guide you through this challenging time. Here’s why you can trust us with your claim:
- Most of our claims are handled on a No Win No Fee basis, meaning you won’t pay legal fees unless your claim is successful.
- We are regulated by the Solicitors Regulation Authority and committed to exceeding its high standards.
- Our solicitors are members of esteemed professional organisations, including the Association of Personal Injury Lawyers, The Law Society and the Liverpool Law Society.
- With nearly two decades of experience as a successful independent law firm, we have the expertise to handle your case and support you every step of the way.
- We’ve earned hundreds of positive reviews from clients for our professional and compassionate service.
Contact our medical negligence experts today
An ovarian cancer misdiagnosis can have serious implications for your health. Whether you are sure about your claim or would like some expert confirmation that medical negligence occurred, we’re here to help.
Speak to our solicitors today for tailored advice and specialist insight. Call us free on 0800 234 3234 or request a callback at a time that suits you.
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